[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3721 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3721

                To establish the Omnibus Territories Act


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 1996

 Mr. Faleomavaega introduced the following bill; which was referred to 
 the Committee on Resources, and in addition to the Committee on Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
                To establish the Omnibus Territories Act

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus 
Territories Act of 1996''.
    (b) Table of Contents.--

          TITLE I--Repeal the Requirement of Separate Ballots

             TITLE II--American Samoa Study Commission Act

           TITLE III--American Samoa Economic Development Act

               TITLE IV--Insular Areas Consolidation Act

          TITLE V--American Samoa Capital Infrastructure Fund

                     TITLE VI--Guam Land Return Act

 TITLE VII--Amendments to the Revised Organic Act of the Virgin Islands

  TITLE VIII--Commission on the Economic Future of the Virgin Islands

          TITLE I--REPEAL THE REQUIREMENT OF SEPARATE BALLOTS

SEC. 101. REPEAL OF SEPARATE BALLOT REQUIREMENT.

    Section 2(a) of the Act entitled ``An Act to provide that the 
unincorporated territories of Guam and the Virgin Islands shall each be 
represented in Congress by a Delegate to the House of Representatives'' 
approved April 10, 1972 (48 U.S.C. 1712(a)), is amended by striking ``, 
by separate ballot and''.

             TITLE II--AMERICAN SAMOA STUDY COMMISSION ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``American Samoa Study Commission 
Act''.

SEC. 202. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) the islands of Tutuila and Manua, and certain other 
        islands that compose American Samoa, were ceded by the chiefs 
        of the islands to the United States by two treaties or deeds of 
        cession which were submitted to the United States Congress on 
        April 10, 1900, and July 16, 1904;
            (2) American Samoa's status as an unorganized and 
        unincorporated territory of the United States, and American 
        Samoa's political relationship to the United States, are not 
        clearly defined in any single document;
            (3) there is a need for a comprehensive study and review of 
        the historical and legal basis of American Samoa's political 
        relationship with the United States, including--
                    (A) a comprehensive report on American Samoa's 
                present political relationship with the United States, 
                as compared to other relationships such as 
                independence, commonwealth, free association and 
                covenant; and
                    (B) an examination of whether the treaties or deeds 
                of cession created trust obligations to American Samoa 
                on the part of the United States;
            (4) the economic and social needs of American Samoa are 
        substantially affected by the nature of American Samoa's 
        political relationship with the United States; and
            (5) there is a need for a comprehensive study also of 
        Swains Island and its historical relationship with the Tokelau 
        Island Group.

SEC. 203. ESTABLISHMENT.

    There is established a commission to be known as the ``American 
Samoa Study Commission Act''.

SEC. 204. DUTIES.

    (a) In General.--It shall be the duty of the Commission--
            (1) to study and evaluate all the factors that led to 
        American Samoa's historical and present political relationship 
        with the United States, including--
                    (A) the events that led to the cession to the 
                United States of the islands that compose American 
                Samoa; and
                    (B) the constitutions, statutes, treaties, and 
                agreements that affect American Samoa's political 
                relationship with the United States;
            (2) to document and report on the nature of American 
        Samoa's political relationship with the United States; to 
        document and also report on such political relationships as 
        independence, commonwealth, free association and covenant; and 
        to document and report on whether the deeds of cession created 
        trust obligations to American Samoa on the part of the United 
        States;
            (3) to report on whether a single document is needed to set 
        forth American Samoa's political relationship with the United 
        States; and
            (4) to study and evaluate the impact of American Samoa's 
        political status and relationship with the United States (as 
        determined by the Commission under paragraph (2)) on the 
        economic and social needs of American Samoa and its residents.
            (5) to study and report on whether the 1900 and 1904 
        Instruments of Cession were indeed treaties or deeds and how 
        such instruments are recognized under international law.
    (b) Consultation.--The Commission shall, to the maximum extent 
practicable, consult with American Samoans in carrying out the duties 
of the Commission under subsection (a).

SEC. 205. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 
five members appointed as follows:
            (1) Three members appointed by the Secretary of Interior, 
        including--
                    (A) One member appointed from among three 
                individuals nominated by the legislature of the 
                Territorial government of American Samoa and
                    (B) One member appointed from among three 
                individuals nominated by the Governor of American 
Samoa.
            (2) One member appointed by the Speaker of the United 
        States House of Representatives.
            (3) One member appointed by the President of the United 
        States Senate.
    (b) Terms.--Each member shall be appointed for the life of the 
Commission.
    (c) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        each member of the Commission shall be paid, to the extent of 
        amounts made available in appropriations Acts, $150 for each 
        day (including travel time) during which the member is engage 
        in the actual performance of the duties of the Commission.
            (2) Prohibition of compensation of federal employees.--
        Except as provided in subsection (d), members of the Commission 
        who are full-time officers or employees of the United States or 
        the Territorial government of American Samoa may not receive 
        additional pay, allowances, or benefits by reason of their 
        service on the Commission.
    (d) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
572 and 5703 of title 5, United States Code.
    (e) Quorum.--Three members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (f) Chairperson; Vice Chairperson.--The Chairperson and Vice 
Chairperson of the Commission shall be elected by the members.
    (g) Meetings.--
            (1) Initial meetings.--Not later than the expiration date 
        of the 90 day period beginning on the date of the enactment of 
        this Act, the Secretary of the Interior shall call the initial 
        meeting of the members of the Commission.
            (2) Subsequent meetings.--The Chairperson or a majority of 
        the members of the Commission shall call any meeting of the 
        Commission that occurs after the meeting called under paragraph 
        (1).

SEC. 206. STAFF AND SUPPORT SERVICES.

    (a) Director.--The Commission shall have a director, who shall be 
appointed by the Commission.
    (b) Staff.--Subject to rules prescribed by the Commission, the 
Chairperson of the Commission may appoint and fix the pay of personnel 
as the Chairperson considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may not be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, except that 
an individual so appointed may not receive pay in excess of the maximum 
rate of basic pay payable for GS-16 of the General Schedule.
    (d) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Chairperson of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, but at rates for individuals not to exceed $150 per day.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.

SEC. 207. POWERS OF COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may, for the purpose of 
        carrying out this Act, hold hearings, sit and act at times and 
        locations, take testimony, and receive evidence as the 
        Commission considers appropriate.
            (2) Location of certain hearings.--
                    (A) Required hearings.--The Commission shall 
                conduct at least 1 hearing at any location on each of--
                            (i) Tutuila;
                            (ii) Ofu;
                            (iii) Olosega; and
                            (iv) Tau.
                    (B) Other hearings.--The Commission may conduct at 
                least 3 separate hearings in the United States at 
                locations where significant numbers of American Samoans 
                reside.
            (3) Notice.--The Commission shall provide notice to the 
        public of the hearings referred to in paragraphs (1) and (2), 
        including information regarding the date, topic and location of 
        the meeting, and shall take other actions as the Commission 
        considers necessary to obtain, to the maximum extent 
        practicable, public participation in the hearings.
    (b) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action that the 
Commission is authorized to take by this Act.
    (c) Obtaining Official Data.--
            (1) In general.--The Commission may secure directly from 
        any Federal agency information necessary to enable it to carry 
        out this Act. Upon the request of the Chairperson of the 
        Commission, the head of the Federal Agency shall furnish the 
        information to the Commission.
            (2) Exception.--Paragraph (1) shall not apply to any 
        information that the Commission is prohibited to secure or 
        request by another law.
    (d) Mail.--The Commission may use the United States mail in the 
same manner and under the same conditions as the other Federal 
agencies.

SEC. 208. REPORTS.

    (a) Draft Report.--
            (1) In general.--Not later than the expiration of the 1-
        year period beginning on the date of the enactment of this Act, 
        the Commission shall prepare and publish a draft report 
        containing the findings, conclusions and recommendations of the 
        Commission.
            (2) Distribution.--The Commission shall distribute such 
        report to appropriate Federal and American Samoan agencies and 
        shall make such report available to members of the public upon 
        request.
            (3) Solicitation of comments.--The Commission shall solicit 
        written comments from the Federal and American Samoan agencies 
        and other persons to which copies of such report are 
        distributed under paragraph (2).
    (b) Final Report.--Not later than the expiration of the 9-month 
period beginning on the date of the publication of the report required 
by subsection (a)(1), the Commission shall submit to the President and 
the Congress a final report, which shall include--
            (1) a detailed statement of the findings and conclusions 
        made by the Commission after consideration of the comments 
        received by the Commission under subsection (a)(3);
            (2) the recommendations of the Commission for legislative 
        and administrative actions that the Commission determines to be 
        appropriate; and
            (3) copies of all written comments received by the 
        Commission under subsection (a)(3).

SEC. 209. DEFINITIONS.

    For the purpose of this Act:
            (1) The term ``American Samoan'' has the meaning given the 
        term ``native American Samoan'' in section 4 of Public Law 100-
        571 (16 U.S.C. 410qq-3).
            (2) The term ``Commission'' means the American Samoa Study 
        Commission established in section 3.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as are necessary 
to carry out the provisions of this Act.

SEC. 211. TERMINATION.

    The Commission shall terminate not later than the expiration of the 
60-day period beginning on the date on which the Commission submits its 
final report under section 8.

       TITLE III--AMERICAN SAMOA ECONOMIC DEVELOPMENT ACT OF 1995

SEC. 301. SHORT TITLE.

    This title may be cited as the ``American Samoa Economic 
Development Act of 1996''.

SEC. 302. FINDINGS.

    The Congress finds that--
            (1) funding for the United States territory of American 
        Samoa has been based on the joint resolution entitled ``Joint 
        Resolution to provide for accepting, ratifying, and confirming 
        cessions of certain issues of the Samoan group to the United 
        States, and for other purposes'', as amended (48 U.S.C. 1661), 
        with commitments being made on a yearly basis;
            (2) American Samoa is locally self-governing with a 
        constitution of its own adoption and the direct election of the 
        Governor since 1977;
            (3) the territory of American Samoa has had difficulty in 
        planning and implementing comprehensive and sustainable 
        infrastructure based solely on annual ad hoc grants; and
            (4) the territory of American Samoa and the United States 
        would benefit from a multi-year funding commitment which 
        promotes economic development and self-sufficiency, and 
        requires compliance with financial management accounting 
        standards, the establishment of semiautonomous public utility 
        authorities utilizing cost-recovery principles, and the 
        phaseout of Federal subsidies for Government operations.

SEC. 303. AUTHORIZATION OF FUNDING.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of the Interior for the Government of American Samoa 
$10,000,000 for each of fiscal years 1998 through 2003. Such amounts 
shall be used for construction and repair of capital assets of American 
Samoa.
    (b) Multi-year Availability of Appropriations.--Amounts not 
expended in the year appropriated shall remain available until 
expended.

               TITLE IV--INSULAR AREAS CONSOLIDATION ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Insular Areas Consolidation Act of 
1996''.

SEC. 402. ADDITIONS TO TERRITORY OF AMERICAN SAMOA.

    (a) In General.--The Territory of American Samoa shall include 
Baker Island, Jarvis Island, and Howland Island.
    (b) Jurisdiction.--The islands specified in subsection (a) shall be 
subject to the jurisdiction of the Territory of American Samoa to the 
same extent as and in the same manner that such jurisdiction applies to 
all other areas within the territory.
    (c) Rights of the United States.--The inclusion of islands, 
appurtenant reefs, and territorial waters in the Territory of American 
Samoa by this section shall be subject to existing rights of use, 
ownership, management, and operation by the Government of the United 
States.

SEC. 403. CONFORMING AMENDMENTS.

SEC. 404. USE OF ISLANDS, REEF, AND ATOLLS.

    No provision of this title shall be construed as congressional 
approval, suggestion, or intent to alter, change, affect, or reduce the 
current use of any of the islands, reef, or atolls specified in section 
302(a).

SEC. 405. ADDITIONS CONTINGENT UPON ACCEPTANCE BY TERRITORY OF AMERICAN 
              SAMOA.

    (a) Acceptance By Territory of American Samoa.--Sections 302 and 
303 shall not take effect unless the Governor and Legislature of 
American Samoa certify to the President that the Territory of American 
Samoa accepts all of the islands, reefs, and atolls referred to in 
section 302(a).
    (b) Proclamation By President.--Not later than 30 days after 
receiving the last certification described in subsection (a), the 
President shall issue a proclamation of the new geographical 
jurisdiction of American Samoa.
    (c) Effective Date.--Sections 302 and 303 shall take effect upon 
the issuance of the proclamation described in subsection (b).

SEC. 406. DEFINITIONS.

    For purposes of this title:
            (1) Baker island.--The term ``Baker Island'' means all of 
        the islands and appurtenant reefs at the parallel of 0 degrees, 
        11 to 13 minutes, of latitude north of the Equator and at the 
        meridian of 176 degrees, 27 to 30 minutes, of longitude west of 
        Greenwich, England, and the territorial waters of such islands 
        and reefs.
            (2) Howland island.--The term ``Howland Island'' means all 
        of the island and appurtenant reefs at the paralled of 0 
        degrees, 45 to 50 minutes, of latitude north of the Equator and 
        at the meridian of 176 degrees, 37 to 39 minutes, of longitude 
        west of Greenwich, England, and the territorial waters of such 
        islands and reef.
            (3) Jarvis island.--The term ``Jarvis Island'' means all of 
        the islands and appurtenant reefs at the paralled of 0 degrees, 
        22 to 24 minutes, of latitude south of the Equator and at the 
        meridian of 160 degrees, 0 to 3 minutes, of longitude west of 
        Greenwich, England, and the territorial waters of such islands 
        and reef.

          TITLE V--AMERICAN SAMOA CAPITAL INFRASTRUCTURE FUND

SEC. 501. SHORT TITLE.

    This title may be cited as the ``American Samoa Capital 
Infrastructure Fund Act''.

SEC. 502. AMENDMENT OF SUBSECTION 703(a) OF PUBLIC LAW 94-241.

    The second sentence of subsection 703(a) of Public Law 94-241, as 
amended, is hereby amended to read as follows: ``Funds provided under 
Section 702 will be considered to be local revenues when used as the 
local share required to obtain federal programs and services.''

                     TITLE VI--GUAM LAND RETURN ACT

SEC. 601. SHORT TITLE.

    This Act may be cited as the ``Guam Land Return Act''.

SEC. 602. OPPORTUNITY FOR GUAM TO ACQUIRE EXCESS REAL PROPERTY IN GUAM.

    The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended by 
adding at the end the following new title:
    ``Sec. xx. (a) At least 180 days before transferring to any Federal 
agency excess real property located in Guam, the Administrator of 
General Services shall notify the government of Guam that the property 
is available under this section.
    ``(b) The Administrator shall transfer to the government of Guam 
all right, title, and interest of the United States in and to excess 
real property located in Guam, by quit claim deed and without 
reimbursement, if the government of Guam, within 180 days after 
receiving notification under subsection (a) regarding the property, 
notifies the Administrator that the government intends to acquire the 
property under this section.
    ``(c) For purposes of this action, the term `excess real property' 
means excess property (as that term is defined in section 3 of the 
Federal Property and Administrative Services Act of 1949, as in effect 
on the date of enactment of the Guam Land Return Act) that is real 
property.''.

SEC. 603. RELEASE OF LANDS FROM CONDITION ON DISPOSAL BY GUAM.

    (a) In General.--Section 818(b)(2) of Public Law 96-418 (94 Stat. 
1782), relating to a condition on disposal by Guam of lands conveyed to 
Guam by the United States, shall have no force or effect and is 
repealed.
    (b) Execution of Instruments.--The Secretary of the Navy and the 
Administrator of General Services shall execute all instruments 
necessary to implement this section.

TITLE VII--AMENDMENTS TO THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS.

SEC. 701. SHORT TITLE.

    This Act may be cited as the ``Revised Organic Act of the Virgin 
Islands, amended''.

SEC. 702. AMENDING THE DEFINITION OF ``TEMPORARY ABSENCE''.

    Section 7(a) of Public Law 90-496 (82 Stat. 839), as amended, is 
further amended by adding at the end thereof ``As used in this section, 
the term `temporary absence' shall not be construed as being physically 
absent from the territory while on official Government business.''.

SEC. 703. AMENDING SECTION 3 OF PUBLIC LAW 94-392.

    Section 3 of Public Law 94-392 (90 Stat. 1195), as amended, is 
further amended as follows:
            (1) By inserting ``hereinafter'' between ``obligations'' 
        and ``issued''.
            (2) By deleting ``priority for payment'' and inserting in 
        lieu thereof ``a parity lien with every other issue of bonds or 
        other obligations hereinafter issued for payment''.
            (3) By deleting ``in the order of the date of issue''.

SEC. 704. CERTAIN BONDS EXEMPTED FROM PROVISIONS OF SECTION 149 OF THE 
              INTERNAL REVENUE CODE OF 1986, AS AMENDED.

    The provision of section 149(d)(3)(A)(i)(I) and 149(d)(2) of the 
Internal Revenue Code of 1986, as amended, shall not apply to bonds 
issued--
            (1) by an authority created by statute of the Virgin 
        Islands legislature, the proceeds of which will be used to 
        advance refund certain bonds issued by such authority on July 
        8, 1992; or
            (2) by an authority created by statute of the Virgin 
        Islands legislature, the proceeds of which will be used to 
        advance refund certain bonds issued by such authority on 
        November 3, 1994.

SEC. 705. APPLICATION OF AMENDMENTS IN SECTIONS 703 AND 704.

    The amendments made by sections 703 and 704 shall apply to 
obligations issued on or after the date of enactment of this title.

  TITLE VIII. COMMISSION ON THE ECONOMIC FUTURE OF THE VIRGIN ISLANDS

SEC. 801. ESTABLISHMENT AND MEMBERSHIP.

    (a) There is hereby established a Commission on the Economic Future 
of the Virgin Islands (the ``Commission''). The Commission shall 
consist of six members appointed by the President, two of whom shall be 
selected from nominations made by the Governor of the Virgin Islands. 
The President shall designate one of the members of the Commission to 
be Chairman.
    (b) In addition to the six members appointed under paragraph (1), 
the Secretary of the Interior shall be an ex-officio member of the 
Commission.
    (c) Members of the Commission appointed by the President shall be 
persons who by virtue of their background and experience are 
particularly suited to contribute to achievement of the purposes of the 
Commission.
    (d) Members of the Commission shall serve without compensation, but 
shall be reimbursed for travel, subsistence and other necessary 
expenses incurred by them in the performance of their duties.
    (e) Any vacancy in the Commission shall be filled in the same 
manner as the original appointment was made.

SEC. 802. PURPOSE AND REPORT.

    (a) The purpose of the Commission is to make recommendations to the 
President and Congress on the policies and programs necessary to 
provide for a secure and self-sustaining future for the local economy 
of the Virgin Islands through 2020 and on the role of the Federal 
Government in providing for that future. In developing recommendations, 
the Commission shall--
            (1) solicit information and advice from persons and 
        entities that the Commission determines have expertise to 
        assist the Commission in its work;
            (2) examine and analyze historical data since 1970 on 
        expenditures for infrastructure and services;
            (3) analyze the sources of funds for such expenditures;
            (4) assemble relevant demographic and economic data, 
        including trends and projects for the future; and
            (5) estimate future needs of the Virgin Islands, including 
        needs for capital improvements, educational needs and social, 
        health and environmental requirements.
    (b) The recommendations of the Commission shall be transmitted to 
the President, the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Resources of the United 
States House of Representatives no later than December 1, 1997. The 
recommendations shall be accompanied by a report that sets forth the 
basis for the recommendations and includes an analysis of the 
capability of the Virgin Islands to meet projected needs based on 
reasonable alternative economic, political and social conditions in the 
Caribbean, including the opening in the near future of Cuba to trade, 
tourism and development.

SEC. 803. POWERS.

    (a) The Commission may--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony and receive such evidence as it may 
        deem advisable;
            (2) use the United States mail in the same manner and upon 
        the same conditions as other departments and agencies of the 
        United States;
            (3) enter into contracts or agreements for studies and 
        surveys with public and private organizations and transfer 
        funds to Federal agencies to carry out such aspects of the 
        Commission's functions as the Commission determines can best be 
        carried out in such manner; and
            (4) incur such necessary expenses and exercise such other 
        powers as are consistent with and reasonably required to 
        perform its functions.
    (b) The Secretary of the Interior shall provide such office space, 
furnishings and equipment as may be required to enable the Commission 
to perform its functions. The Secretary shall also furnish the 
Commission with such staff, including clerical support, as the 
Commission may require and shall provide to the Commission financial 
and administrative services, including those relating to budgeting, 
accounting, financial reporting, personnel and procurement.
    (c) The President, upon request of the Commission, may direct the 
head of any Federal agency or department to assist the Commission and 
if so directed such head shall--
            (1) furnish the Commission to the extent permitted by law 
        and within available appropriations such information as may be 
        necessary for carrying out the functions of the Commission and 
        as may be available to or procurable by such department or 
        agency; and
            (2) detail to temporary duty with the Commission on a 
        reimbursable basis such personnel within his administrative 
        jurisdiction as the Commission may need or believe to be useful 
        for carrying out its functions, each such detail to be without 
        loss of seniority, pay or other employee status.

SEC. 804. CHAIRMAN.

    Subject to general policies that the Commission may adopt, the 
Chairman of the Commission shall be the chief executive officer of the 
Commission and shall exercise its executive and administrative powers. 
The Chairman may make such provisions as he may deem appropriate 
authorizing the performance of his executive and administrative 
functions by the staff of the Commission.

SEC. 805. APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this section.

SEC. 806. TERMINATION.

    The Commission shall terminate three months after the transmission 
of the report and recommendations under subsection (b)(2).
                                 <all>